INCREDIBLE ACREAGE-BUILD YOUR DREAM HOME$425,000.

Wonderful opportunity to build your dream home on acreage minutes from the west side of Bend. Property is next to a pond, canal, trees and has beautiful views from building site. Tumalo irrigation water rights available. Call listing agent for copies of CUP. This unique property has a lot of possibilities!

!"### (TL #$$) K%&'()* R+ B,*+, OR -./#,$$$.

CASCADE MOUNTAIN VIEW FROM Pam Mayo-PhillipsCascade Sotheby’s International Realty650 SW Bond Street Suite 100 Bend, Oregon 97702

Principal Broker, licensed in State ORc: 541-480-1513 o:541-923-1376 pam.mayo-phillips@sothebysrealty.comwww.desertvalleygroup.com

Property Features40 acres - Tax Lot 500

CUP & Build Enevelop Approved Property Survey -Corners Marked Potential Irrigation Additional Acreage Available Call listing agent for CUP

© MMXIII Sotheby’s International Realty Affiliates LLC. A Realogy Company. All Rights Reserved. Sotheby’s International Realty® is a registered trademark licensed to Sotheby’s International Realty Affiliates LLC. An Equal Opportunity Company. Equal Housing Opportunity. If your property is listed with a real estate broker, please disregard. It is not our intention to solicit the offerings of other real estate brokers. We are happy to work with them and cooperate fully.

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FILE NUMBER:

APPLICANT/OWNER:

ATTORNEY:

REQUEST:

STAFF GONTACT:

Gommunit¡r Ðevelopment DepartmentPlanning Divislon Bullding sãfèty Þ¡vlslon Enúiro¡mentál So¡ls D¡vislon{

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P;O, Box'6005 117 NW Lelfayette Avenue Bend, Oregon 97708-6005(541)3BS-657s FAX (541)38s-L764

http : //wWw.co. deschutes jor' u5/cddl

FINDINGS AND DECISION

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.Joyêe :E. Coats:Revocable TrustEric W. Coats, Trustee63285 Skyline Ranch RoadBend, OR 97701

Tia M. LewisSchwabe, Williamson & Wyatt360 S.W, Bond Street; Suite 400Bend, OR 97702

A Conditional Use'Permit for a !'template" dwelling on a }-acreproperty in a Forest Use (F-2) zone.

Kevin Harrison, Principal Planner

t. STANDARDS AND APPLICABLE CRITERIA:

Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance

Chapter 18.40, Forest Use (F2) ZoneChapter 18.84, Landscape Management (LM) Combining ZoneChapter 18.88, Wildlife Area (WA) Combining Zone

II. BASIC FI NDINGS:

A. LOCATION: The subject property has an assigned address of 18855 Kuhlman Road,Bend, and is identified on Deschutes County Assessor's Map 17-11-11 as tax lot 500.

B. ZONING: The subject property is zoned F-2, Forest Use, and is within the WildlifeArea (WA) Combining Zone. lt is designated Forest by the Deschutes CountyComprehensive Plan. A small area along the eastern boundary of the property iswithin the Landscape Management (LM) Combining Zone, however, no development isproposed within that zone.

Qutttíty Seruìces Perþnned ruith Prìde

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LOT OF REGORD: The subject propefiy is a legal lot of record as documented inLR-07-27.

PROPOSAL: The applicant proposes to construct a single family dwelling in an L-shaped area that parallels Kuhlman Road and a pre-1992 access road located withinthe property. The proposed dwelling will use an on-site septic system and an on-sitedomestic well. Access to the building site will either be from Kuhlman Road or theinternal access road.

E. SITE DESCRIPTION: The subject property is approximately 40 acres in size and issquare in shape. The property is relatively level and has been cleared and used,historically, for hay production. Apparently, the farm use of the propefty has beenabandoned and the old hay field has been planted with ponderosa pine seedlings.

The Tumalo Feed Canal runs along the western edge of the property and there is apond located in the northwest corner of the property. An old road runs south fromKuhlman Road, parallel with the canal, and terminates at the southwest corner of theproperty. The western edge of the property has not been cleared and contains mixedjuniper and ponderosa pine trees with sagebrush, bitterbrush and grasses in theunderstory. There are no structures on the propeñy.

SURROUNDING USES: Surrounding land uses include scattered rural residencesand scattered farm uses, along with large areas of undeveloped forest land consistingof mixed juniper and ponderosa pine trees. Zoning in the area is EFU/TRB to thenodh, across Kuhlman Road, and to the east, across Tyler Road. Forest Use zoning(F-2 and F-1) is found to the south and west. The Tumalo Feed Canal is to the southand west of the property.

SOIL: The subject property has three soil types based on the Natural ResourceConservation Service maps. These are'.72C, Laidlaw Sandy Loam, 0 to 15 percentslopes; 157C, Wanoga-Fremkle-Rock Outcrop complex, 0 to 15 percent slopes; and159C, Wilt Sandy Loam, 0 to 15 percent slopes. However, the majority of the property,approximately 85 percent, consists of 157C.

This soil type is typically composed of 35 percent Wanoga soil and similar inclusions,30 percent Fremkle soil and similar inclusions,20 percent Rock Outcrop and 15percent contrasting inclusions. lt is found on volcanic uplands, at elevations between2,800 and 4,000 feet. Native plants include Ponderosa pine, western juniper, mountainbig sagebrush, antelope bitterbrush and native grasses. The complex is well-drained,with an available water capacity of about 4 inches. Major uses include livestockgrazing and woodland.

H AGENCY GOMMENTS: The Planning Division sent notice of the proposed land useapplication to several public agencies and received the following transmittal responses:

Deschutes Countv Environmental Soils Division: No comments submitted

Deschutes County Transportation Planner:

I have reviewed the transmittal materials for CU-l3-14 for a template dwelling in theForest (F-2) zone at 18855 Kuhlman Road aka 17-11-11, Tax Lot 500. Notraffic study

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is required, but the appticant will need to pay a transportation system developmentcharge (SDC).

The most recent edition of the tnstitute of Traffic Engineers (tTE) Trip GenerationHandbook indicates a single-famity residence (Land lJse 210) generates an average of10 da1y weekday trips and one p.m. peak hour tríp. Deschutes County Code (DCC) at1T.16.ilS(qØ)@) sfafes no traffic analysis is required for any use that will generate/ess fhan 50 new weekdaY triPs.

.Board Resolution 2008-059 as amended sefs an SDC rate of $3,673 per peak htour trip.Given the:tTE rate provided above, the proposed land use will generate a single p.m'peak hour trip so the applicable SDC is $3,673. The applicant does need to'know the'County

is in the midst of updating lfs SDC rates and the Board is scheduled to hold apubtic hearing on June 5, 20'13, on Resolution 2ü3-A20. Under that'resolution, the'updated

SDC rate for a single-famity home is proposed to drop to $3;044. Theresolution also contains proposed language that for applicants that may starf the processunder thie.rate set by Resolution 2008-059 and end the process under Resolutíon 2013-020, the County will use the lower of the two SDC rates.

Deschutes Countv' Road Department . No comments' j '

Bend Fire Department:

An approvec! water suppty capabte of supptying the required flre flgw Íor fjre.p¡otectionshali be provided to premises upon which facitities, buildings or pottions of buildings arehereaftelr constructed or moved into or within the jurisdiction. See fhe City of Bend FireMarshallfor approval of firefighting water supply. , :

Approved numbers or addresses shatt be placed on all new and existing buildings insuch a position as fo. ,be'plainly visibte and tegible from the sfreef or road fronting theproper1y. S;aid numbers shall contrast with their background'and be visible at night.Dwelliigs and Foster Homes that are located off of street frontage shall post a visibleapproved reflective address sign at the entrance to their driveway. (Srgns are availâb,leat local Fire Stations)

Fire apparafus access roads shatt be placed wíthin 1l?.feet of all exterior walls of thefirst floor of att buitdings. Fire apparafus access roads shalt have an unobstructed widthof not less.than 20 feet designed with a uniform att-weather driving suiaee to supportthe imposed GVW of 75,000 tbs. and a vertical 'clearance of not less than 13 feet 6inches.. Turning radius shall not be /ess than,45 feet and gradient shall not exceed 12percent unless the authorities having jurisdiction approve a variance. Dead-end access'roads

rn excess of 150 feet in tength shatl be provided with approved provisions for theturning around of fire apparatus. A cut-de-sac, hammerhead or other means for theturning around of fire apparatus may be approved.

Tumalo lrriqation District: No comments submitted

Deschutes Countv Assessor: No comments submitted.

Deschutes Countv Buildinq Division: No comments submitted

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Deschutes Countv Property Address Coordiratqr: No comments.

Oreqon Depadment of Fish and Wildlife (ODFW): No comments submitted

Oreoon Deoartment of Forestrv IODFI

Site dwelling and build dwelling following Oregon Forestland-Urban lnterface FireProtection Act stand ards.

PUBLIC COMMENTS: The Planning Division sent notice of .the proposed applicationto all property owners within 750 feet of the subject property. No response wasreceived to the public nstice.

REVIEW PERIOD: This application was submitted on May 17, 2013, and wasaccepted as complete on June 6,2013.

The applicant submitted the affidavit for the land use action sign indicating it wasposted on the property on May 23,2013.

LAND USE HISTORY: This is no permit history for this property other than the Lot ofRecord Verification LR-O7 -27 .

II1. CONCLUSIONARY F¡NDINGS

A. Chapter 18.40 of Title 18, Forest Use (F-2) zone.

1. Section 18.40.03(X). Conditional Uses Permiftecl:

x. Single-family dwellíngs or manufactured homes as specified in DCC18.116.070, pursuant to DCC 18.40.050.

FINDING: The proposed dwelling is a single-family dwelling, which is subject to the criteriaunder this chapter.

2. Section 18.40.040, Limitations on Conditional Uses

A use authorized by Section 18.40.030 of this title must meet the followingrequirements. Ihese requírements are designed to make the use compatihlewith forest operations and agriculture and to conserve values found on forestIands.

(A) The proposed use will not force a significant change in, or significantlyincrease the cost of, accepted farming or forest practices on agricultureor forest lands.

FINDING: The subject property is a 40-acre property that is located within an area alreadydeveloped with single-family dwellings, particularly to the nofth and west. The vegetationincludes mainly juniper and ponderosa pine trees and scrub brush. There are minor (hobby)farming practices occurring on the properties to the west and north, across Kuhlman Road.There is a commercial horse operation to the northeast, across Tyler Road. The farm use on

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the subject property and the property directly east appears to be abandoned as the oldpasture has been planted with ponderosa pine seedlings. While forested properties arelocated around the subject property, the dominant tree species is juniper, which is not acommercial species. There is no evidence of any commercial forest use in the surroundingarea.

The proposed dwelling will be located at least 100 feet from the closest farm use; theadjacent farm use appears to be livestock grazing (horses) and irrigated pasture. Thecombination of distance and vegetation is sufficient to bufferthe farm use from.the residentialuse so that the proposed dwelling will not force a significant change in, or significantlyincrease the cost of, accepted farm or forest practice on agricultural.of forest lands. Stafffinds this criterion is satisfied.

(B) The proposed use will not significantly . íncrease fíre hazard orsignificantly increase fire suppression cosfs or significantly increaserisks to fire suppression personnel'

FINDING: The .proposed d¡velling will ,be located in area containing sparse vegetationbecause it was historically cleared and uçed for hay pr:oduction. There are several otherdwellings in the area and existing roads (o-.,,serve these other: properties. The applicant hasproposed placing the dwelling on a portion of ttre property that has few trees. A driveway willbe constructed from Kuhlman Rqad., Ihe,property is,within the Deschutes Rural FireProtection Digtrlct #2. Staff fjnds that thg proposed dwelling will not significantly increase firehazar:d.or firersuppression costs, and it.will,net significantly increase risks to fire suppressionpersonnel. Based on the applicant's. abllity,te. meet the,fire siting ptandards discussed below,the proposal meets this criterion.

(c).::ì

Pri.or to final app¡oval of any use listed in DCC 18.40.030, the land ownershall sign and,record in.the,County.,Clerk's Office a written statementrecognizing the rights of adjacent and nearhy land owners to conductforest operations'consisfent with the Forest Practi,ces Act e,nd Rules.

FINDING: As a condition of approval,.the owner shall sign and record this statement prior toissuance of the building permit for the dwelling.

3. Section 18.40.050 . Standards for Sinqle-F amilv Dwellinos

A. General Provisions.

Dwellings tisted as a conditional use,under Section 18.40.æ0(nof this chvpter shall meet the following standards:a. One of the alternative fesfs set out in DCC 18.40.050(8) (lot

of record dwetling), DCC 18.40.050(C) (large tract dwelling),or DCC 18.40.050(D) (template dwelling);

b. tf the lot or parcel ls parT of a l'tract," the remainingundeveloped lots ,or parcels of the tract shall beconsolidated into a single lot or. parcel, or the applicantshatt sign and record with the County Clerk covenants,conditions and restric(ions. (Qn a form substantially similarto that setforÍh ín DCC 15.36.140) prohibiting the siting ofa dwelling on the undeveloped pottions of the tract. Such

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covenants, conditíons and restrictions are irrevocable,unless a statement of release ís signed by the CountyPlanning Director, or his authorized representative'No other dwellings shall be located on the tract.

FINDING: The applicant is seeking approval of a template dwelling as set forth in subsection(D). The subject property does not consist of separate lots or parcels. There are no otherdwellings located on the subject property and the applicanVproperty owner does not own anyadjacent property. Therefore, the proposal meets these criteria,

d. The applicant shall provide evidence that an¡t domestic watersupply ís from a source authorized in accordance with theDepar-tment of Water Resources Oregon Administrative Rules forthe appropriation of ground waiter (OAR 690, Divísíon 10) orsurtace water (OAR 690, Division 20) and not from a C/ass /lstream as defined ín the Foirest Practices Rule. For purposes ofDCC 18.40.050, evidence of a domestic water supply means:í. Verification from a water purueyor that the use described

in the applica'tion will be served by the purueyor under the' purueyor under the purueyor's rights to appropríate water;

or¡i. A water use permit issued by the Water Resources

iii.'riif "!,:,::',"Å::t'i:l,ri:åî'å:!"::,*:i;:!:å:;l::,"{n*"water use permit is not required for the use described inthe applicatíon. If the proposed water supply is from a welland is exempt from permítting requirements under ORS537.545, the applicant shall submit the wêll constructionreport to the county upon completion'of the well-

FINDING: The àpplicant indicates thät domestic:water will be provided by an on-site well.The proposed water supply is exempt from permitting requirements under ORS 537.545.Therefore, pursuant to subsection (d)(iii), above, as a condition of approval the applicant willbe required to submit a well construction report to the county upon completion of the well.

e. If raad access to the dwetling is by a road owned andmaintaíned hy a private party or by the Oregon Depaftmentof Forestry, the Bureau of Land Management or the U.S.Forest Seruice, then the applicant shall provide proof oflong-¡¿¡* road access use permit or agreement. The road

responsi bi lity fo r roail m aí nte n a n ce.

FINDING: The proposed access to the homesite will be from a private driveway off ofKuhlman Road, which consists of 30 feet of dedicated public right-of-way and a parallelaccess easement recoÈded in Volume 318, Page 360, of the County Clerk's Records.Because access is from a public road thls criterion is not applicable.

In addition, dwellings trsfed as a conditional use under DCC15.40.æ0(n shall be subiect to the following standards orconditions:

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The conditional use standards set forth in DCC 18.40'040;The sitíng criteria setforfh ín DCC 18.40.060;The fire siting standards set fo¡-th in DCC 18.40.070;The fire safety design standards for roads set fo¡úh in DCC18.40.080;The stocking requ.irements set forth in DCÇ 18.40.085, ¡fapplicable; andAny .other provisions made applicable by Title 18 or theçompìrehensive plan.

FINDING: The standards of Section 18.40.040 have been addressed above. The siting,design, and stocking standards of the other sections are addressed below. TheComprehensive Plan is addressed through the provisions of Title 18 which implements theacknowledged comprehensive plan.

Dwettings in forest zones shall not be subiect to conditional usestandards.

FINDING: The proposed dwelling will not be reviewed under the conditional use standardsof Chapter 18.128 of Title 18.

D. Template Dwelling. For approval under DCC 18.40.050(D), a singleþ m i l y dw e I I i n g s hal I m eet th e,fo I I ow i n g re q ¡t i re menfg;

1. The lot or parcel is predomínantly composed of soi/s that are:

' i;' "'îtr::ii,b:í?i'"ins 21 to 50 cubic reet per acre per vear

i. Àtt o, paft of at least seven other lots or parcels thatexisted on January 7, 1993, are .within',a .760 acresquAre.centered on the center of the subiecttrac.t; and

ii. At least three dwellings existed on January 1, 1993,and continue to exist on the other lots or parcels.

FINDING: The predominant soil type on the property is 157C, Wanoga- Fremkle-RockOutcrop complex, 0 to 15 percent slopes. According to the NRCS soils information for thiscomplex, the Fremkle component is capable of producing 47 cubic feet/acre/year and theWanoga component is capable of prodúcing 50 cubic feeUacre/year of wood fiber. Therefore,staff finds that "b'l above applies.

All or part of at least I other properties are located within a 160-acre square centered over thesubject property. These other properties all existed prior to 1993, and are identified as follows:17-11, tax lot 2718;17-11-104, tax lots 100,200,300,500; and 17-1.1-11, tax lots 300,302and 1600.

The County Assessor's records show that on tax map 17-11-104, three properties havedwellings that predate 1993. On Assessor's map 17-11-11, two properties have dwellingswhich predate 1993 (not including a manufactured home that was constructed in 1981).These properties are identified as 17-11-10A, tax lots 100, 200 and 500; and17-11-11, tax lots

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300 and 1600. All of these dwellings have continued to exist since 1993. Therefore, theproposal meets these criteria.

4 Section 1 8.40.060. Sitinq Dwellinos and Structures.

A Att new dwellings and structures approved pursuant to DCC 18.40.030 orpermitted under DCC 18.40.020 shall be síted in accordance with DCC18.40.060 and DCC 18.40.070. Relevant physical and locational factorsincluding, but not limited to, topography, prevaíling winds, access,surroundíng \and use and source of domestic water shall be used toidentify a sife which:1. Has the leasf impact on nearby or adiacent lands zoned for forest

or agricultural use;

FINDING: The proposed homesite would be located along either Kuhlman Road or an ínternalaccess road located in the western portion of the property. Properties to the east, west andsouth are zoned for forest use; properties to the north are'zoned for agricultural use. Thereare no discernible forest operations in this area. A small-scale (hobby) farm is located to thenorth, consisting of livestockgrazing (horses). The homesite location is at least l00feetfromthe farm zoned property to the north. Based on the small-scale nature of the farm use in thearea, the absence of forest use and the location of the home internaltothe property, staff findsthe proposal meets this criterion.

2. Ensures that forest opeiations and accepted farmíng practices willnot be curtailed or impeded;

FINDING: Staff finds that the hobby farming (pasture with a few horses) in the area will not becurtailed or ímpeded by the'àpproval of the pröposed dwelling. There are no apparent forestoperations in all four directions adjacent to the subject property, as evidenced by a staff sitevisit to the area. Staff finds that since no forest opeiations occur on adjacent parcels, therewill be no curtailing or.impeding of any forest operations by the approval of a dwelling on thesubject property. Therefore, the proposal meets this criteiion.

3. Minímízes the amount of forest lands used for the buitding síte,road access and service corridors; and

FINDING: The proposed buildable area is in the northern and western portions of theproperty. A driveway will be constructed to the building site. The driveway will need to meetthe fire siting standards 'under section 18.40.070. There is no commercial forest land on thesubject propèrty, so the removal of vegetation necessary for the proposed dwelling and accesswill not take any forest land out of production.

¿. Consisfent with the applícable provisions of DCC 18.40.070,minimizes the risks assocíafed with wíldfire.

FINDING: The proposal's compliance with the provisions of section 18.40.070 will bereviewed below. These requirements would minimize the risks associated with wildfire.

The appticant shall províde evidence that the domestic water supply, ífany, is from a source authorized in a;ccordance with the Depaftment ofWater Resources Oregon Administrative Rules for the appropriation of

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ground water (Oregon Admínistrative Rules 690, Division 10) or surtacewater (Oregon Administrative Rules 690, Divísion 20) and not from a Classll stream ãs defined in the Forest Practices Rule (Oregon AdmínistrativeRules 629-2+101(3). If the water supply is unavailable from publicsources or sources located entirely on the subiect property, then theapptícant shall provide evidence that legal easement lras been obtainedpermlttíng domestic water lines to cross the properties of affectedowners.

FINDING: The applicant has proposed domestic water ffom an on-site well. No sudace waterwill be utilized.

5. Sectisn 18 .070. Fire sitino rds for dwellinos structures.

The following fife siting standards shatl apply to all new dwellings andpermanent structures (including permitted uses);

A. Access

If a water supply, such as a swimming pool, pond, stream o'r lake,is avaitable.and suitable for fire protectíon or is required under thissectíon, then road access to within 15 feet of the 'water's edge shallprovided for pumpinig units. The road access shall be constructed-and

maintained,,to accommodate the maneuvering of fire fíghtingequípment during the fire season. Permarienf sþns shall hepósfed atong lhe .access route to indicate ;tþe location of theem e rgen cy w ater so u rc e.

FINÞING: There is a pond located in the northwest corner of the property but this appears tobe part of the infrastructure for Tumalo lrrigatioq, District and not an amenity of the subjectproperty. The applicant states that the subject property has no available water supply, such asa swirnming pool, pond, stream or lake. Based on the testimony of the applicant, slaff findsthis criterion is not applicable.

2. Road access to the dwetting or structu.re . shall meet the roaddesign standards described in DCC 18.40'080 of this title.

FINDING: Road access must meet the requirements of Section 18.40.080 and is addressedbelow.

B. Firebreaks

1

1 Primary Firebreak. Prior fo use, owners. of dwellings 'andstructures shatl construct a primary firebreak, nof less than 10 feetwide, containíng,non-flammable materials. This may include lawn,walkways, dríveways, gravel borders or other similar materials.Secondary Fírebrea4. Owners of the dwellings and structures shallconstruct a.secondary firebreak of not less than 20 feet outside theprimary firebreak. This fírebreak need not be bare ground, but can'inctude a lawn, ornamentql .shrubbery or individual or groups offrees separated by a distance equal to the diameter of the crowns

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3.

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adjacent to each other, or 15 feet, whíchever is greater. All treesshall be pruned to at least eight feet in height. Dead fuels shall beremoved.Fuel Break. Owners of the dwellings and structures shall maintaina fuel break extending a minimum of 100 feet in all directionsaround the secondary firebreak. Indívídual and groups of freeswithin the fuel break shall be separated by a distance equal to thediameter of the crowns adjacent to each other, or 15 feet,whichever is greater. Small frees and brush growing underneathlarger frees shall be removed to prevent spread of fire up into thecrowns of the larger úrees. All trees shall be pruned to at |easteight feet in height. Dead fuels shall be removed. The fuel breakshall be completed prior to the beginning of the comìng fireseason.No porfion of a tree or any other vegetation shall extend to within15 feet of the outlet of a stovepipe or chim'ney.

FINDING: The applicant's burden of proof statement indicates the applicant agrees to meetthese criteria. A condition of approval will require that the applicant contact the Bend FireDepartment to have the above fire and fuel breaks reviewed for compliance with thesestandards, The Fire Department's review of the fire and fuel breaks must be completed priorto issuance of an occupancy permit for the dwelling.

D. The applicant for a single-family dwelling, caretaker resídence or privateaccommodations for'fishing shall obtain an address from the Countyaddress coordinator and shall display that number in a locatíon of theproperty that is clearly visible from the road used as the basis fornumbering. The numbers shall not be less than than three inches inheight, siatt be paínted ín a contrastíng or visible color and shall complywith all other applícable standards for signs. l

FINDING: The property has an assigned of 18855 Kuhlman Road, Bend. An address signmust be placed on the property. This will be made a condition of approval.

E. Structural Standards,

I AII dwellings and structures shall use noncombustíble or fireresistant roofing miaferíals. This means roofing material identifiedas C/ass A, B or C in the Oregon Uniform Buílding Code. Roofsprinklers are not an acceptable alternative to thís standard.lf the dwelling has a chimney, it shall have a spark arrester.

FINDING: The applicaht'indicates that the building code standards vùill be met. A condition ofapproval will specifically require that the applicant use roofing material according to thestandard above, and that all chimneys be equipped with an approved spark arrester.

F. Fire Protectíon. Single-family dwellings, caretaker residences and privateaccommodations forfishing shall be located upon a parcel for which fireprotection seryices are available or where alternatíve protective tneasuresare authorized hy DCC 18.40.070(F).

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1. For the purposes of this secfíon fire protection services areavaílabte if the parcel is tocated within the boundaries of a fireprotection district or residentíal fire protection service ís providedby a contrac( as evidenced hy a written, signed contract.

FINDING: The subject property is within the Deschutes Rural Fire Protection District #2, asevidenced by the County's fire district map.. The District has a contract with the Bend FireDepartment to provide services. Therefore, the propésal meets this criterion.

.40.080. Fire Desion Standards for Roads.

The foltowing standards:apply to all roads and driveways, except for privateroads accesõing only commercial forest uses, which access uses permittedunder DCC 18.40.020 or approved under DCC,18.40.030.

RoaOs,r bridges and culve¡ús shall be designed and maintained to supporta minímum gross vehicle weight (GVW) of 50,000 lbs. If bridges orculverts are ínvolved ín 'the' construction of a road'or driveway, writtenverificàtion of compliance with the 50,000 lb. GVW standard shall beprovided by a professional engineer registered'ín Oregon.

t' " t ,.. : ', :

, , B. . Açcess roads shall have,an'unobstructed horizontal'clearance of nof less. :,: .than,20 ,feet and an unobstructed vertical clearance of not less than 13.5

, feet, and provide an all'weather surtace. '' " ":.' ..., ,C. Turnarounds shall have a minimum of 50 feet.of turn radíus with an all-

, ì ., ., weather surtace and,be maintained or,turning of fire fighting equipment.

pitches. Variations from ;fhese standards,';,may, be granted when:topographic' conditio ns.m ake fhese súandards .' i m practi cal and where th eIocal fire.protection district. sfafes their fire.fíghting equípment cannegotiate the proposed road grade'.

FINDING: Kuhlman Road meets these standards. The applicant has stated in the burden ofproof statement that the above standards will be met'for the proposed driveway. As 'aconditiôn of approval, the applicant shall obtain written approval of the driveway width,'gradeand the turnaiound from the Bend Fire Department prior to issuance of an occupancy permitfor the dwelling.

7. Section 18 40 085 Stockino ui rement.

AIt dwellings approved under DCC 18.40.050 shalt be subiect to the provisions ofDCC 18.40.085.

Stocking Requirement.1. Dwetlings approved under DCC 18.40.050 shall ínclude a conditíon

requiring the owner to plant a sufficient number of trees on the tractto demonstrate that the tract is reasonably expected to meetDepartment of Forestry stocking requirements specified in

A.

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Depaftment of Forestry administrative rules (Oregon AdministrativeRules 629 in force at the time the approval is granted.

FINDING: The stocking requirement will be made a condition of approval

If the lot or parcel is more than 30 acres, the property owner shallsubmit a stockíng suruey report to the county assessor and theassessor will verify that the minimum stockíng requirements havebeen met by the time required by Department of Forestry rules.

FINDING: The subject property is 40 acres in size, so this criterion is applicable. As a conditionof approval, the applicant will be required to submit a stocking repod to the county assessor.

B. Reporúí ng Requi rements.1. The Planning Director or his desígnee shall notify the CountyAssessor of any stocking requirement condition at the tíme thedwelling is approved.2. The propeñy owner shall submit a stocking survey report to theCounf¡r Assessor and fhe Assessorshall verify that the minimumstockíng requirements have 'been met. hy the:time' required underDepariment of Forestry rules. The Assessor shall ínform theDêparTment of Forestry ín.cases v¡þs;rê the properiy.owner has notsubmítted a stocking'report.or..where the suruey report indicatesthat minimum stockíng requirements have not been met.

3. Upon notification by the Assesso4 the Department of Forestry shalldetermine whether the tract meeús minimum stocking requirementsof the . Forest,'Practices Act. That, decisíon shall he solely thedecision of the Department of Forestry. lf the department

.determines that the tract does not meet"those requiremënts, thedeparÍment shall notify the owner and the assessor that the land ísnot1bèing managed as forest land. Ihe Assessor shall then removethe forest laind designation puisuant fo ORS 321.359.The tax penalty impos:ed.by the,Assessor under DCC 18.40.085 shallbe the only sanction for failure to meet stocking requirements.

FINDING: Staff will notify the Assessor's Office and the applicant of the stocking requirementsas outlined above.

L Section 18.40.090(C), Buildinq Heisht.

c. Building Height. No nonagrícultural buílding or structure shall be erectedor enlarged to exceed 30 feet in height, except as approved under DCC18.120.040.

FINDING: The proposed dwelling will be limited to the 30 feet in height, unless a heightexception is approved under section 18.120.040(8).

2.

cu-13-14 12

I Section 18.40.100, Yards and Setbacks.

A. The front yard setback shatt be 40 feet from a property line fronting on aIocal street, 60 feet from a properTy line fronting on a collector and 100feet from a property line fronting on an arterial. '

B. Each side yard setback shatl be a minimum of 25 feet, except a parcel or. tot with a side yard adjacent to zohed forest land shall have a minímumside yard of 100 feet.

C. Rear yards shatl be a minimum of 25 feet, except parcels or lots with rearyards adjacent to zoned forest land shall haue a minimum rear yard of 100feet.

The setback from the north tot line shall meet the solar setbackrequirements ín Secfíon 18.116.180 of this title. ì

tn addition to'the sefbacks set fo¡th'herein, any greatersefbacks requiredby applicable buitding or structural codes adopted by the Sfafe of Oregonandlo¡ the County under.Chapter 15.04 of this title shall be met.

FINDING:. The property has frontage on.Kuhlman Road; a,rural local road. Properties to theeast, west and souih are zoned forest land.ì As a condition of approvaI the applicant will be-

required to have.a minimum front yard setback of 40 feet, and side and rear yard setbacks of100 feet. With these setbacks the'solar setback will also be met. Staff is not aware of anygreater setbacks required by the building code.

B. Ghapter 18.88. Wildlife Area Gombining Zone

1. Section 18.88.040. ljses Permitted Conditionallv ,

Except as provided in DCC 18.55.040(8), in a.zone with which the WA Zoneis combined, the condítionat uses permitted shall be those permittedconditionally by the underlying zone subject to the provisîons of theComprehensive PIan, DCC 18.128 and other applicable secfíons of this títle.

FINDING: The proposed dwelling is a conditional use in the forest use zone'and was reviewedunder DCC 18.40, above. A dwelling is not a prohibited use under DCC 18.88.040(8).

2. Section 18.88 060. Sitinq dards

A. Sefþacks shall be those described'in the underlying zones withwhich theWA Zone is combined.

FINDING: The Forest zone setbacks are addressed in a foregoing finding.

D.

The footprint, including'decks and porches, for new dwellingsshall be located entirely within 300 feet of public roads,private roads or recorded easements for vehicular accessexisting as of August 5, 1992...

cu-13-14

B,

13

FINDING: The proposed use is a dwelling. The applicant has proposed a building envelope300 feet wide that parallels Kuhlman Road and an internal access road that runs north to southparallel with the west property line. Staff finds that Kuhlman Road is a public road that existedprior to August 5, 1992. The record also contains aerial photographs from 1996 and 1985showing the internal access road running south from Kuhlman Road and exiting the property atthe southwest corner. Staff walked this road during a site visit on May 28,2013. The road isclearly visible at its north and south ends and is fairly overgrown with grass and brush in thecentral portion. The road appears to be a service road for the irrigation infrastructure in thearea. Staff finds that this internal access road meets these criteria and the proposed homesiteis approved.

3. Section 18.88.070. Fencinq Standards

A

B.

New fences ín the Wildlife Area Combíning Zone shall bedesigned to permit wildlife passage. The following standardsand guidëlines:shall apply unless an alternatíve fence designwhích provides equivalent wildlife passage is approved bythe County after consultatian with the Oregon Department ofFish and.Wildlife:1. The distance between the ground and the bottom

strand or board of the fence shall be at least 15 inches.2. The height of the fence shall not exceed 48 inches

.ahove'ground level.3. Smooth wire and wooden fences that allow passage of

wildlife are preferred. Woven wire fences arediscouraged.

Exemptions:1. Fences encompasslng /ess than 10,000 square feet

which surround or are adjacent to resr'dences orstructures are exempt from the above fencingstandards.

2. Corrals üsed for working íivestock.

FINDING: The applicant has indicated they will comply with these standards

IV. CONCLUSION:

The proposed dwelling will meet the requirements of Title 18 if all of the followingconditions are met. Other permits may be required. The applicant is responsible for obtainingthe necessary permits from the Deschutes County Environmental Soils and Building Divisions,as well as any required state or federal permits.

DEGISION:

APPROVAL, subject to the following conditions.

V

cu-13-14 14

1

VI. CONDITIONS OF APPROVAL:

Approval is based upon the submitted plan. Any substantial changes to the plan shallrequire a new application.

The applicant shall use roofing materials identified as Class A, B, or C in the OregonUniform Building Code and shall equip all chimneys with an approved spark arrester.

The applicant shall contact the Bend Fire Department to have,the on-site fire and fuelbreaks, driveway and turnaround reviewed. by the District for compliance with thestandards in Sections 18.40.070(8) and 18.40,080. The applicant shall submit writtenverification from the Fire Department to the Planning Division that the standards abovehave been met, prior to issuance of an occupancy permit for the dwelling

.'

The applicant shall sign and record in the County Clerk's Office a written statementrecognizing the rights of adjacent and nearby land owners to conductforest.operationsconsÉtent with the Forest Practices Act and Rules prior to the issuance of a buildingpermit for the dwelling.

The dwelling shall be limited to an overall height of 30 feet, tlnless a building heightexception is approved under section 18.120.040 (B) of Title 18.

The applicant shall plant a sufficient number of trees on the property to demonstratethat the property is reasonably expected to meet Department of Forestry stockingrequirements specified in Department of Forestry administrative rules. The applicantshall submit a stocking survey report to the County Assessor. lf no report is filed, anytax penalty shall be paid.

The applicant shall obtain an access permit from the Community DevelopmentDepartment for any new access to Kuhlman Road príor to the issuance of the buildingpermit for the dwelling.

Any fencing proposed for the site as part of this development shall meet therequirements under DCC 18.88.070.

The applicant shall submit a well log to the County upon completion of the well.

Prior to issuance of a building permit, the applicant shall post the address on theproperty in a location that is clearly visible from Kuhlman Road. The numbers shall notbe iess than three (3) inches in height, shall be painted in a contrasting or visible colorand shall comply with all other applicable standards for signs'

The minimum front yard setback is 40 feet; the minimum side and rear yard set backsare 100 feet.

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12. The applicant shall meet all requirements of the Bend Fire Department.

cu-13-14 15

V¡I. DURATION OF APPROVAL

The applicant shall apply for a building permit for the dwelling from the County BuildingDivision within four (4) years from the date this decision becomes final, or obtain an extensionof time pursuant to Section 22.36.010 of the County Code, or this conditional use permit shallbe void.

This decision becomes final twelve (12) days from the date of this mailing unlessappealed by a party of interest.

DESCHUTES GOUNTY PLANNING DIVISION

{,"-É.A+-.Written by: Kevin Harrison, Principal Planner

Dated this 7th day of June, 2013 Mailed this 7th day of June, 2013

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ATTORNEY:

'SUBJECT:

STAFF CONTAGT:

APPLICABLE CRITERIA:

Gommunity Ðevelopment DepartmentplannfngiDil¡ision Bulfding safèty Divislon Environmental solls Divislon

p"o; Box 6005 1 1 ? NW Laravetti#;lJå .Hil' FÅiiå- ?.íJfå-î?:ihttp ://www'co. dèschtites'or. us/cddl

NOTIGE OF DECISION

TherDeschutes County planning Division has approved 'the land use application describedbelow:

FILE NI.JMBER:

LOGATION:

OWNER:

cu-13-14

The subject property has an assigned address of 18855 KuhlmanRoad, Bend, and is identified on Deschutes County Assessor'sMap No. 17-11-11 as tax lot 500.

Joyce E. Coats Revocable Trust

Tia M. LewisSchwabe, Williamson &,WYatt

The Deschutes County Planning Division has approved aconditional use permit authorizing a house ("template dwelling") inthe Forest Use (F-2) Zone.

Kevin Harrison, (541) 385-1401

The Planning Division reviewed this application for complianceagainst criteria contained in Chapters 18'40, Forest Use (F-2)7ône, 18.84, Landscape Management (LM) Combining Zone and18.88, Wildlife Area (WA) Combining Zone in Title 18 of theDeschutes County Code (DCC), the Deschutes County ZoningOrdinance, as well as against the procedural requirements ofTitle 22 of the DCG.

DECISION: Staff finds that the application meets all applicable criteria, and approval is beinggranted subject to the following conditions:

I. CONDITIONS OF APPROVAL:

1. Approval is based upon the submitted plan. Any substantial changes to the plan shallrequire a new aPPlication.

Z. The applicant shall use roofing materials identified as Class A, B, or C in the OregonUniform Building Code and shãll equip all chimneys with an approved spark arrester.

3. The applicant shall contact the Bend Fire Department to have the on-site fire and fuelbreakå,'driveway and turnaround reviewed by the Deparlment for compliance with the

QuøIitr¡ Seraiccs Pet'fonncd zuith Pricle

4

standards in Sections 18.40.070(8) and 18.40.080. The applicant shall submit writtenverification from the Fire Deparlment to the Planning Division that the standards abovehave been met, prior to issuance of an occupancy permit for the dwelling.

The applicant shall sign and record in the County Clerk's Office a written statementrecognizing the rights of adjacent and nearby land owners to conduct forest operationsconsistent with the Forest Practices Act and Rules prior to the issuance of a buildingpermit for the dwelling.

The dwelling shall be limited to an overall height of 30 feet, unless a building heightexception is approved under section 18.120.040 (B) of Title 18.

The applicant shall plant a sufficient number of trees on the property to demonstratethat the property is reasonably expected to meet Department of Forestry stockingrequirements specified in Department of Forestry administrative rules. The applicantshall submit a stocking survey report to the County Assessor. lf no report is filed, anytax penalty shall be paid.

The applicant shall obtain an access permit from the Community DevelopmentDepartment for any new access to Kuhlman Road prior to the issuance of the buildingpermit for the dwelling.

Any fencíng proposed for the site as part of this development shall meet therequirements under DCC 18.88.070.

9. The applicant shall submit a well log to the County upon completion of the well.

5

6

7

B

10

11

Prior to issuance of a building permit, the applicant shall post the address on theproperty in a location that is clearly visible from Kuhlman Road. The numbers shall notbe less than three (3) inches in height, shall be painted in a contrasting or visible colorand shall comply with all other applicable standards for signs.

The minimum front yard setback is 40 feet; the minimum side and rear yard set backsare 100 feet.

12. The applicant shall meet all requirements of the Bend Fire Department

This decision becomes final twelve (12) days after the date mailed, unless appealed by aparty of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of$250.00 and a statement raising any issue relied upon for appeal with sufficient specificity toafford the Hearings Body an adequate opportunlty to respond to and resolve each issue.

Copies of the application, all documents and evidence submitted by or on behalf of the applicantand applicable criteria are available for inspection at no cost. Copies can be purchased for25 cents per page. Pending land use applications can be accessed online atwvt¡w.deschutes.org/cdd. Click on 'CDD lnformation Center" heading; then click on "PendingLand Use Applications" located on right side of page (opens in new window).

NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDEDTO THE PURCHASER.

cu-13-14

Dated this 7th day of June, 2013 Mailed this 7th day of June, 2013

2

FARM AND FOREST MANAGEMENT EASEMENTS

As a standard condition of a conditional use permit approval for a nonfarm dwelling in theExclusive Farm Use zone, the attached Farm and Forest Management Easement form and anExhibit '4," ¡f needed, must be signed by the property owner and recorded with the DeschutesCounty Clerk. Exhibit A, if present, is a legal description (a metes and bounds description) thatmust be recorded in conjunction with the Easement.

You will need to sign the document before a notary public and return the document to thePlanning Division for the Planning Director to sign. You may then take it to the Clerk's office forrecording, which may take a few days.

To record the document, take the signed and notarized Easement (and attached Exhibit A, ifpresent) to the County Clerk's office at 1300 NW Wall Street, Bend, Oregon, 97701 and haveihe documents REGORDED. There is a recording fee of $31.00 for the first page and $5.00 foreach additional page. After this is accomplished, you must furnish copies of the recordeddocuments to the Planning Division. The Planning Division must have copies of the recordedEasement before the County issues any building permits.

lf you have any questions regarding this matter, please feel free to contact the Planning Divisionat 388-6575.

Return To: Kevin Harrison, PrinciPal PlannerCommunity DeveloPment DePt.117 NW Lafayette Ave., P.O. Box 6005Bend, OR 97708-6005

FARM AND FOREST MANAGEMENT EASEMENT

E¡c W. Coats, Trustee, or his successors in trust, under the Joyce E. Coats RevocableTrust, dated Octobàr'23,ZOOi, and any amendments thereto, herein called the Grantor, is theowner of real prop"rty described ¡n rxñinit A, and identified or depicted on Deschutes CountyAssessor's rr¡ap iz-ri-tt "s Tax Lot S00. ln accordance with the conditions set forth in thedecision of the Deschutes county Planning Division, dated May 13,2013,.approvìng..land, use

ñ¡riicU-13-14, Grantor hereby grants tõ tne owner(s) of all pro-perty adjacent to the aboveäescribed property (Grantees), a'pðrpetual non-exclusive farm and forest practices managementeasement as follows:1. The Grantor, his heirs, successors, and assigns, hereby acknowledges by the granting of this

easement that the ãbove-described property is situated in a designated farm zone inDeschutes County, Oregon, and may be subjected to conditions resulting from farming orforest pract¡óes oÁ'adjaãent'lands. Such opeiations include management and harvesting oftimber, O¡sposat of slash, reforestation, application of chemicals, road construction andmaintenance, by raising, harvesting and selling crops or by tf'" feeding, breeding,managemeni "nO

sale äf, or the froduce -of, livestock, poultry, fur-bearing animals orhoney-bees or for dairying and the sale of dairy products or-any.other agricultural orhorticultural use or anirílaihusbandry or any combination thereof, and other accepted andCustomary farm and forest managem'ent actiúities conducted in accordance with Federal andState Laws. Such farm or foresl management activities ordinarily and necessarily producenoise, dust, smoke, and other condition! that may conflict with Grantor's use of Granto/sôiopetty fol resideniial purposes. Except as allowed by ORS 30.930 through 30'947 , Grantori-,'etbny'*"ives all common law rights !o objegt to normal, non-negligent farm and forestmanagement activities legally condiucted on adjacent lands that may conflict with Grantor'suse of Grantor's property-for residential purposes, and Grantor hereby gives an easement tothe adjacent proþeriy owners for the resultant impact on Grantor's property caused by thefarm ahd forest management activities on adjacent lands'

Z. Grantor shall comply with all restrictions and conditions for maintaining residences in farmand forest ion"s'that may be required by State, Federal, and local land use laws andiégutations. Grantor shall-compty witlr att iire safety regulations developed by the OregonDðpartment of Forestry for residential development within a forest zone.

This easement is appurtenant to all property adjacent to the above-described p,roperty, and shallbind the heirs, tuðó".rorc, and adsighs öf Grantor, and shall endure for the benefit of theãá¡àcènt landowners, their heirs, succeisors, and assigns. The adjacent landowners, their heirs,,r'".urror., ano asiignr rr" heieby expressly granted the right of third-party enforcement of thiseasement.

Dated this

- daY of

-,2013

GRANTOR

Eric W. CoatsTrustee, Joyce E. Coats Revocable Trust

STATE OF OREGON

couNTY oF _On this day of 2013, before me, a Notary Public in and for said County

and State, personallY aPPeared and

-,

whoare known to me to be the identical individuals described in the above document, and whoacknowledged to me that they executed the same freely and voluntarily

Notary Public forMy Commission Expires:

ss.

2File No. CU-13-14 Farm and Forest Management Easement

Exhibit A

The Southwest Quarter of the Norlhwest Quarter (SW1/4 NW1/4) of Section Eleven (11),Township Seventeen (17) South, Range Eleven (1 1) East of the Willamette Meridian, DeschutesCounty, Oregon.

JFile No. CU-13-14 Farm and Forest Management Easement